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When an OMERS member dies, survivor benefits are payable based on an order of entitlement. A member’s “eligible spouse” is first in line for survivor benefits as long as the couple was not living separate and apart at the relevant date and the spouse did not waive their rights to survivor benefits.

These frequently asked questions provide important information about the eligible spouse definition.

Eligible Spouse FAQ

Who is a “spouse”?

For OMERS purposes, a spouse means either of two people:

who are married to each other; or

are not married to each other and are living together in a conjugal (marriage-like) relationship continuously for at least three years, or in a conjugal (marriage-like) relationship of some permanence if they are the natural or adoptive parents of a child (sometimes referred to as “common-law spouse”).

Is my spouse eligible to receive OMERS survivor benefits?

Pre-retirement death: if a member dies before retirement, the member’s “eligible spouse” is the member’s spouse at the date of death, as long as the member and the spouse were not living separate and apart on the date of death, and the spouse did not waive their rights to survivor benefits.

Post-retirement death: if a member dies after retirement, the member’s “eligible spouse” is the member’s spouse at the date of retirement, as long as the member and the spouse were not living separate and apart at the date of retirement and the spouse did not waive their rights to survivor benefits within the 12-month period before the pension start date using the appropriate waiver form. Even if there is a separation or divorce after the member retires, this spouse would still be the “eligible spouse”.

If a member has no “eligible spouse” as of their retirement date but has a spouse on the date of death, that spouse is the “eligible spouse”, as long as the member and that spouse were not living separate and apart at the date of death and the spouse did not waive their rights to survivor benefits.

Contact OMERS immediately so we can begin processing the survivor benefit.

Prior to paying any benefits, we will ask the member’s spouse if they were living separate and apart from the member. If they answer yes, we will follow-up to confirm the details of the living situation.

Sometimes we may be advised by a third party (i.e. relatives, friends or another potential spouse) that a member may have been living separate and apart from his or her spouse. In this situation, we will follow-up with the appropriate parties to gather further information.

Does living separate and apart mean the spouses lived in separate residences?

Not necessarily.

Sometimes spouses can live separately and still be considered “living together” as spouses. For example, if one spouse lives in a nursing home due to deteriorating health while the other spouse lives in the matrimonial home, this can be considered an involuntary separation; as long as the spousal relationship continues, the spouses are considered to be living together.

There are also situations when spouses continue to live together but are considered to be living separate and apart. An example of this is where spouses are living in the same residence out of economic necessity but their spousal relationship has ended. When a spousal relationship has ended, the spouses may be considered to be living separate and apart despite living under the same roof.

How does OMERS determine if spouses were living separate and apart in the case of a dispute?

Determining if spouses were living separate and apart can be a complex matter and it is necessary to examine all the circumstances objectively. Relationships can be unique, and what was normal for a particular spousal relationship must be considered when determining if there is a departure from the normal state of affairs.

To help make a determination, OMERS looks at the following factors:

Physical separation – did the spouses live in separate residences? If so, are there extenuating circumstances requiring them to live separately (e.g., deteriorating health, work or school demands)? In the absence of extenuating circumstances, it is rare for spouses to choose to live in separate residences over a long period of time unless their spousal relationship has ended.

It is possible for spouses to be considered living separate and apart even if they live in the same residence. Separated spouses may continue to live together to co-parent their children, or out of economic necessity.

Withdrawl – there must be withdrawal by one or both spouses from their matrimonial obligations with the intent of dissolving the matrimonial relationship. Regard must be given to the true intent of a spouse rather than their stated intent.

Sexual relations – the absence of sexual relations is not conclusive but is a considered factor in determining if spouses are living separate and apart.

Family/social/household patterns - are there discussions of family problems and communication between the spouses? Do they attend joint social activities? What are their meal patterns?

Household tasks - have they continued to perform the same household tasks? Consideration is given to the matters which are unique to the relationship of the parties.

When an individual applies for survivor benefits based on their common-law relationship with a deceased member, they must prove that they were in a common-law relationship with the member before they are considered an eligible spouse. OMERS requires sufficient information to make a decision about whether the claimant and the member were in a common-law relationship.

While each situation is unique, there are generally three types of documents that your common-law spouse will need to provide to OMERS when submitting a claim for survivor benefits – at least one from each category below. More information may be required depending on the circumstances.

Residency Documents – at least one of the following documents for each year requested:

Bank statement from an active joint account

Joint lease, mortgage or home purchase/ownership agreement for shared residence

Property tax statement in both names for shared residence

Insurance policies in both names, or in each name for the same address (life, home, car)

Investment statements in both names, or in each name for the same address (RRSP, TFSA)

Household bills (hydro, water, gas, cable, etc.) in both names, or in each name for the same address

Example: If you died on June 30, 2017, to help prove that your common-law spouse was living with you for three consecutive years, they would have to provide proof of your common-law relationship for the period of June 2014 to June 2017.

General Documents – at least one of the following documents for each year requested, or covering the whole period:

Other documents that can help verify that the relationship was spousal

Sometimes, there is more than one person claiming to be the eligible spouse, or someone disputes the common-law relationship or the common-law spouse does not have the proof that we ask for. In these situations, OMERS may need to ask for more information and will consider the following factors.

Social – e.g., did you participate together or separately in social activities/family events?

Societal – e.g., what was the attitude of the community towards you as a couple?

Children – e.g., what was the attitude and conduct relating to children?

Sexual and personal behavior – e.g., what were your feelings towards each other, did you have sexual relations, did you eat meals together, did you assist each other in difficult times, did you buy gifts for one another, etc.?

Yes, provided they can show that you were living together in a marriage-like relationship by providing the supporting documents (outlined above). In addition, OMERS will require proof of parentage (e.g., your natural child’s birth certificate or your adoptive child’s adoption papers).